The settlement was agreed upon in the first half of July, but Harbourside’s Managing Director Nicholas Mastroianni III said he only signed on to it this week because he was awaiting changes to the deal.
JUPITER — It’s taken more than a month for officials from Harbourside Place and the town to resolve multiple issues with the settlement that ended numerous code compliance cases against the development.
Harbourside’s Managing Director Nicholas Mastroianni III didn’t sign the agreement until Monday and said he would only pay the development’s fine this week.
That’s because, Mastroianni said, he was waiting for Jupiter officials to make changes he requested to an amendment to Harbourside’s development order allowing farmers markets, yoga and car shows without town permits.
"It’s only been held up by them," he said, adding that the town only agreed to his requested changes Monday.
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But as has been the case in other flashpoints during the yearslong acrimony between Harbourside and Jupiter, the two sides have different interpretations of events.
Town Manager Matt Benoit agreed in late July to make the changes that Mastroianni requested, Town Attorney Tom Baird said.
Allowing farmers markets, yoga and car shows was part of the July settlement resolving the 20 code violations Harbourside faced for hosting events without permits.
The agreement also mitigated another 35 code offenses that Harbourside faced.
The development faced up to $15,000 in fines for each case, but ultimately agreed to pay about $40,800 in fines and fees.
In exchange, Jupiter officials agreed to allow Harbourside to hold certain events without amplified sound.
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When Mastroianni first saw the paperwork clearing the way for Harbourside to hold farmers markets, yoga and car shows without permits, he said it "was not what we agreed to going into" the final magistrate’s hearing in July.
There were too many requirements tied to the timing of events and so Mastroianni said he requested changes.
Those changes, for example, extend the length of car shows and farmers markets by an extra hour, Baird said. They also eliminate a requirement that Harbourside host yoga on Sundays only, he said.
Although Baird argued the settlement was in effect without Mastroianni’s signature because Harbourside attorney Paul Figg signed the document, Baird said it was frustrating the businessman rebuffed town requests to sign the paperwork.
"It kind of reinforces what the town’s experience has been which is that promises are made, promises are broken," Baird said Monday before Mastroianni signed the paperwork.
Harbourside had 30 days to pay the roughly $40,800 it owed starting July 18, said Dean Fowler, the town’s code compliance supervisor.
That deadline is this weekend, but Mastroianni insisted the 30-day clock started this week — because that’s when he received notice of the updated agreement.
He still plans to pay the fines and fees this week and hopes to meet with the town about the overarching issues surrounding Harbourside and Jupiter in the coming weeks.
Baird argues that Harbourside is violating the terms of its development order pertaining to sound from its amphitheater, while Mastroianni counters that the town’s noise regulations are impossible to meet.
The debate has spawned a federal lawsuit that is awaiting a ruling in U.S. appellate court.
"It was just some cleanup," Mastroianni said. "So we're good now."